Oakland, CA: A Northern California owner and operator of two horse training facilities--Portola Valley Training Center in Menlo Park and Gilroy Gaits in Hollister, doing business as EWC & Associates Inc.—has been reigned in by federal court and ordered to pay $1,270,683 to 30 employees for several work visa program violations and California labor law violations.
Paul Bergman is a Professor of Law at the UCLA School of Law and a recipient of a University Distinguished Teaching Award. His recent books include Reel Justice: The Courtroom Goes to the Movies (Andrews & McMeel); Trial Advocacy: Inferences, Arguments, Techniques (with Moore and Binder, West Publishing Co.); and Represent Yourself In Court and The Criminal Law Handbook (both with Berman-Barrett, Nolo). He has also published numerous articles in law journals.
Some jurisdictions, notably the United States, but prevalent in many other countries, prevent parties from relitigating the facts on appeal, due to a history of unscrupulous lawyers deliberately reserving such issues in order to ambush each other in the appellate courts (the "invited error" problem). The idea is that it is more efficient to force all parties to fully litigate all relevant issues of fact before the trial court. Thus, a party who does not raise an issue of fact at the trial court level generally cannot raise it on appeal.
Kill them with kindness. “Be nice to everyone in the courtroom. Kindness makes the world a better place, and it makes you a happier person. But if that’s not enough to convince you, consider this: Kindness makes you more likely to win your case. When jurors think you’re a good person, they’ll give you the benefit of the doubt and ascribe good motives to what you say. If they think you’re nasty or dishonest, they’ll discount everything that comes out of your mouth.
In most cases, the EEOC can file a lawsuit to enforce the law only after it investigates and makes a finding that there is reasonable cause to believe that discrimination has occurred, and is unable to resolve the matter through a process called "conciliation." The EEOC has discretion which charges to litigate if conciliation efforts are unsuccessful, and ultimately litigates a small percentage of all charges filed. When deciding whether to file a lawsuit, the EEOC considers factors such as the strength of the evidence, the issues in the case, and the wider impact the lawsuit could have on the EEOC's efforts to combat workplace discrimination. Congress also gave individuals the right to file a lawsuit in court.
After a final decision has been made, either party or both may appeal from the judgment if they believe there had been a procedural error made by the trial court. It isn't necessarily an automatic appeal after every judgment has been made, however, if there is a legal basis for the appeal, then one has the right to do so. The prevailing party may appeal, for example, if they wanted a larger award than was granted. The appellate court (which may be structured as an intermediate appellate court) and/or a higher court then affirms the judgment, declines to hear it (which effectively affirms it), reverses—or vacates and remands. This process would then involve sending the lawsuit back to the lower trial court to address an unresolved issue, or possibly request for a whole new trial. Some lawsuits go up and down the appeals ladder repeatedly before final resolution.
Industry, CA: Simon Chu and Charley Loh, part-owners and former executives of Chinese appliance manufacturer Gree Electric Appliances and a company that imported, distributed, and sold China-manufactured dehumidifiers to retailers, allegedly knew the dehumidifiers caught fire but failed to report and recall (too expensive) the defects for at least six months. According to the indictment, the two men “deliberately” withheld information about the defective dehumidifiers.
1. “A court may not render a judgment which transcends the limits of its authority, and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter. Thus, if a court is authorized by statute to entertain jurisdiction in a particular case only, and undertakes to exercise the jurisdiction conferred in a case to which the statute has no application, the judgment rendered is void.” 46 Am. Jur. 2d, Judgments § 25, pp. 388-89.
CHICAGO, April 4- The family of an American woman killed in the crash of an Ethiopian Airlines 737 MAX filed a lawsuit on Thursday against the airline, Boeing Co and Rosemount Aerospace Inc, the manufacturer of a part of the aircraft that is the focus of investigators. The complaint was filed in U.S. federal court in Chicago by the parents of Samya Stumo, who lawyers...
You won't win a lawsuit by simply striding into the courthouse and demanding money from your opponent. Each type oflegal claimhas a number of "elements" that you'll need to prove in order to win. For example, in a dispute over a contract, you must prove that a contract existed, that you held up your end of the bargain, that your opponent failed to meet his or her contractual obligations, and that you were harmed as a result. You'll want to plan ahead carefully to make sure that you can prove every element of your case -- or, if you are defending yourself against a lawsuit, to make sure that you can disprove at least one element of your opponent's case.
A number of other details are also registered besides your IP address, such as the type of connection, the browser you use, your computer's operating system and the pages you visited on the website. This data is collected by RobecoSAM AG and only used to harmonize the website to the wishes and preferences of the users as much as possible. By registering the most-visited pages, RobecoSAM AG can adjust the navigation menu to suit your needs. This information can also be used to track down any technical or other problems.
Gillnet Restrictions: In Oregon and Washington, the NSIA was involved in new rules that changed the allocation of Columbia River fish for commercial gillnetters and put in motion a phasing out period of gillnet use on the main channel, shifting the commercial fishing to off-channel hatchery sites. These decisions have led two lawsuits which are taking resources from the NSIA and we need your help to continue this effort.
Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. Procedural rules are constrained and informed by separate statutory laws, case laws, and constitutional provisions that define the rights of the parties to a lawsuit (see especially due process), though the rules generally reflect this legal context on their face. The details of the procedure differ greatly from jurisdiction to jurisdiction, and often from court to court even within the same jurisdiction. These rules of the particular procedures are very important for litigants to know, because the litigants are the ones who dictate the timing and progression of the lawsuit. Litigants are responsible to obtain the suited result and the timing of reaching this result. Failure to comply with the procedural rules may result in serious limitations that can affect the ability of one to present claims or defenses at any subsequent trial, or even promote the dismissal of the lawsuit altogether.